Timely action against administrative decisions is essential, as courts cannot condone delays after significant lapses, particularly when property rights have transferred.

JUDGMENT

Navin Chawla, J. (Oral)

CM APPL. 22197/2022

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

LPA 310/2022 & CMs 22196/2022, 22198/2022

1. This appeal has been filed by the appellant challenging the judgment and order dated 06.04.2022 passed by the learned Single Judge in W.P.(C) 5696 of 2022, dismissing the writ petition filed by the appellant herein.

2. The appellant had filed the above writ petition inter-alia challenging the letter dated 22.02.2022 of the respondent, rejecting her representation for the condonation of delay in the payment of the instalment amounts against the allotment of MIG Flat No.32, Pocket- 8, Sector 13, Dwarka Phase-11, New Delhi (hereinafter referred to as the `Flat'). The appellant had further prayed for allotment of the same Flat, if still available, or the allotment of another flat in the same locality, that is, Dwarka, New Delhi, subject to the payment of further interest and restoration charges by the appellant.

3. The appellant had contended in the writ petition that her husband had gotten himself registered with the respondent for the allotment of an MIG flat under the respondent's New Pattern Registration Scheme 1979 (NPRS-1979). In a draw of lots held by the respondent on 22.12.2001, he was allotted the Flat in question at a disposal cost of Rs.7,43,600/- (Rupees Seven Lakh Forty-Three Thousand Six Hundred only) on hire purchase basis. A demand-cum- allotment letter bearing a block date 26.12.2001-31.12.2001 was issued to him in this regard, according to which an initial amount of Rs.3,93,045/- (Rupees Three Lakh Ninety-Three Thousand Forty-Five only) (besides the deposit of confirmation amount of Rs. 20,000/-) was to be paid on or before 30.01.2002. The said amount could also be paid with interest upto 31.03.2002. The balance consideration/amount was to be paid in 120 monthly installments of Rs.6,214/- (Rupees Six Thousand Two Hundred Fourteen only) each.

4. The appellant contended that her husband made the payment of the confirmation amount of Rs.20,000/- (Rupees Twenty Thousand only) on 24.01.2002, that is, within time. He thereafter made further payments, however, could not deposit the entire balance amount of Rs.3,93,045/- within the time stipulated, on account of having fallen seriously ill. He remained under treatment from April, 2003 till January, 2007, on account of which he had to sustain heavy expenses on hospitalization, medical treatment and medicines. He, however, made a payment of Rs.3,96,000/- (Rupees Three Lakh Ninety-Six Thousand only) on 25.01.2007, thereby making a total payment of Rs.4,53,284/- (Rupees Four Lakh Fifty-Three Thousand Two Hundred Eighty-Four only) during his lifetime. He died on 06.02.2008.

5. The appellant thereafter applied for mutation/transfer of the registration and the allotment of the flat in her favour. The respondent, however, vide letter dated 01.07.2008, informed the appellant that though registration of her late husband had been transferred in her name, the same was only for refund purposes.

6. The appellant thereafter made representation dated 18.07.2008 to the Commissioner-Housing seeking regularization of the allotment in her favour. As no response was received, the appellant applied under the Right to Information Act, 2005 (hereinafter referred to as the `RTI Act') seeking information and documents regarding the allotment and payment made by her late husband. The appellant also m